FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Moise E. Lenard,

 

                        Complainant

 

            against              Docket #FIC 92-196

 

Bloomfield Town Council,

 

                        Respondent                  April 28, 1993

 

            The above-captioned matter was heard as a contested case on February 25, 1993, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter filed with this Commission on June 12, 1992, the complainant alleged that the respondent violated the provisions of the FOI Act by failing to provide him with public records he requested of the respondent on May 25, 1992.

 

            3.  It is found that on May 25, 1992, the complainant requested the following of the respondent: a) a copy of the letter of resignation given to the respondent by Mr. Stenhouse; b) copies of all agreements and communications between the respondent and Mr. Stenhouse; and c) an itemization of the cost of Mr. Stenhouse's resignation.

 

            4.  The records identified in paragraph 3, above, are public records within the meaning of 1-18a(d), G.S.

 

            5.  At the hearing into this matter, the complainant withdrew that portion of his complaint concerning copies of all agreements as identified in paragraph 3b), above.

 

            6.  With respect to the letter of resignation identified in paragraph 3a), above, it is found that the respondent offered to the complainant a computer copy of the letter, but it indicated that it was unable to obtain a copy of the original signed letter actually sought by the complainant.

 

            7.  It is found that with respect to the request for a cost

 

Docket #FIC 92-196                           Page 2

 

itemization as identified in paragraph 3c), above, finally on February 11, 1993, the respondent provided the complainant with a listing of the costs for Mr. Stenhouse's resignation, providing total dollar amounts for severance pay, unused vacation, sick and other pay, and medical benefits.

 

            8.  It is found that the complainant seeks a more detailed itemization than that received from the respondent in February, 1993.

 

            9.  At the hearing into this matter, the respondent admitted that it can in fact supply a more detailed itemization than that identified in paragraph 7, above, as it can indicate the actual numbers each of unused vacation, sick and other days accrued by and paid to Mr. Stenhouse.

 

            10.  It is concluded that the respondent's failure to promptly provide to the complainant the records requested and identified in paragraphs 3a) and c), above, constitutes a violation of 1-19(a), G.S.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  Within fifteen business days of the date of the final decision in this matter, the respondent shall provide to the complainant free of charge copies of those records identified in paragraphs 3a) and c), and paragraphs 8 and 9, above.

 

            2.  In complying with paragraph 1 of this order, the respondent shall seek a copy of the original signed letter of resignation identified in paragraph 3a) of the findings, above, from other any other town official(s) deemed appropriate by the respondent, but necessarily including the mayor.  If the respondent is unable to locate such letter, it shall provide to the complainant a notarized affidavit, signed by the respondent's chairperson, that such a search was made including an explanation of the outcome of that search.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 28, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-196                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

Moise E. Lenard

8 Pickett Lane

Bloomfield, CT 06002

 

Bloomfield Town Council

c/o Atty. Eric D. Coleman

101 Oak Street

Hartford, CT 06106

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission